Four Qualms about 'Legal Pragmatism'
Martin J. Stone
Benjamin N. Cardozo School of Law; New School for Social Research -- Philosophy
October 8, 2013
Cardozo Legal Studies Research Paper Faculty research Paper No. 415
I try to explain why I find “legal pragmatism” mostly useless in thinking about law. My qualms about “legal pragmatism” fall under four headings: (1) Empty eclecticism, (2) reductive instrumentalism, (3) “the primacy of practice” and (4) the metaphysically preservative recoil. Originally a talk at the 2012 Inland Northwest Philosophy Conference, "Law and Pragmatism" Panel.
Number of Pages in PDF File: 27
Keywords: legal pragmatism, Posner, instrumentalism, primacy of practice, Wittgenstein, interpretation, pragmatic conceptualism
Date posted: October 10, 2013 ; Last revised: December 17, 2013